Psychological After Acc., P.C., As Assignee of Timothy Jenkins Simmons, Bianca Lawrence, Yolanda Drouillard, Maria Gonzalez & Mercedes Gonzalez v Nationwide Ins. Co. of N. Y.

Psychological After Acc., P.C., As Assignee of Timothy Jenkins Simmons, Bianca Lawrence, Yolanda Drouillard, Maria Gonzalez & Mercedes Gonzalez v Nationwide Ins. Co. of N. Y.

Motion No: 2020-00923 KC

Slip Opinion No: 2021 NY Slip Op 61019(U)

Decided on January 20, 2021

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MICHELLE WESTON, J.P.

DAVID ELLIOT

WAVNY TOUSSAINT, JJ.

DECISION & ORDER ON MOTION

2020-923 K C

Psychological After Accident, P.C., as Assignee of Timothy Jenkins Simmons, Bianca Lawrence, Yolanda Drouillard, Maria Gonzalez and Mercedes Gonzalez, Respondent, v Nationwide Insurance Company of New York, Appellant.

Motion by appellant to vacate an order of this court dated November 23, 2020, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 18, 2020 and extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted on condition the appeal is perfected on or before March 19, 2021; and it is further,

ORDERED that in the event the appeal is not perfected by March 19, 2021, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve appellant with such application in person.

ENTER:

Paul Kenny

Chief Clerk